תלמוד על כתובות 13:3

MISHNAH: If somebody was married to two women who both died, and then he died, and the orphans demand their mothers’ ketubot, if [the estate] is sufficient only for both ketubot they split evenly³³If there are n sons, the estate is divided into n equal parts. If one of the children is a male firstborn, the estate is divided into n+1 parts and the firstborn takes two. If there are no sons, only n daughters, the estate is divided into n equal parts.. If there was an excess denar, these take their mother’s ketubah and those take their mother’s ketubah³⁴The remainder is split evenly between the heirs.. If the orphans say³⁵If the ketubot were unequal, the sons of the mother with the larger ketubah would be interested to receive the ketubah rather than the inheritance. Similarly, if the ketubot were equal but one wife had few sons, the other many, the few sons would gain if they could split their mother’s ketubah between them and not have to share with their many halfbrothers. These are willing to take some property at an inflated value in order to receive more than the other woman’s sons., we accept the properties of our father for the value of an extra denar in order to take their mother’s ketubah; one does not listen to them but one appraises the properties in court.

MISHNAH: Neither the cistern nor the cellar¹¹This is a continuation of Mishnah 1. A sale contract for a house which does not mention either the cistern or the cellar, a masonry cavity used for storing wine or grain, does not include these items. even though he wrote over to him “its bottom and height,” and he has to buy himself access¹²If the seller wants to use cistern or cellar, he has to buy access from the buyer, the new owner of the surrounding area., the words of Rebbi Aqiba, but the Sages say that he does not have to buy himself access¹³They hold that nobody wants to make a contract which will hurt himself.. Rebbi Aqiba agrees that if he said “except these”¹⁴If cistern and/or cellar are mentioned as excluded in the sales contract., he does not have to buy himself access. If he sold them¹⁵A person sold cistern or cellar to a third party while retaining ownership of his house and courtyard. This part of the Mishnah is quoted in Ketubot 13:7, Notes 112–115. to another person, Rebbi Aqiba said, he does not have to buy access¹⁶In this situation, he adopts the reasoning of the Sages in the preceding case., but the Sages say, he has to buy access¹⁷They hold that (particularly in an inflationary environment) a person may buy real estate purely as an investment without intention of using it personally. Therefore, nothing is sold which is not spelled out in the contract..